Two more suspects in the murder of Nathaniel Tallman were formally charged Friday, but with three people now facing murder counts in the case, the question — at least for the public — remains: Who shot Nate Tallman?

Daniel Ortiz, 38, and Moises Mendez, 26, were both charged with first-degree murder, robbery and aggravated motor-vehicle theft at their hearing in Boulder District Court Friday.

Both men appeared at the hearing in custody.

Three men have now been charged with first-degree murder in the death of Tallman — who was found shot in Wyoming after being missing for nearly two months — but prosecutors still have not revealed which of the three men is suspected of actually shooting Tallman.

Russell Britton (Boulder County Sheriff's Office)

A third defendant, Russell Britton was charged last week with first-degree murder but like Ortiz and Mendez, the charge was filed under the felony murder rule, which allows prosecutors to charge a suspect with first-degree murder when a person is killed during the commission of another felony — even if that suspect didn't commit the murder itself.

In all three cases, the felony murder complaint alleges that the suspects "committed or attempted to commit robbery and, in the course of or in furtherance of that crime, or in the immediate flight therefrom, the death of Nate Tallman. . .was caused by anyone."

According to court documents, the complaint for aggravated motor vehicle theft for Ortiz and Mendez alleges they "obtained or exercised control over the motor vehicle of Nate Tallman, without authorization, or by threat or deception, and cause bodily injury to another person, namely: Nate Tallman, while in the exercise of control of the motor vehicle."

Tallman's car, a Mitsubishi Lancer, had been found Feb. 13 abandoned in a lot in south Boulder.

Daniel Ortiz

Britton was not charged with aggravated motor vehicle theft but was charged with being an accessory to murder, robbery, possession of marijuana with intent to distribute 5 to 100 pounds, and possession of marijuana with intent to distribute 5 to 50 pounds.

The complaint against Britton alleges he "rendered assistance to Daniel Ortiz and Moises Mendez, with intent to hinder, delay or prevent the discovery, detection, apprehension, prosecution, conviction or punishment of Daniel Ortiz and Moises Mendez for the commission of a crime, knowing that person committed the crime of murder in the first degree."

Lafayette police in an arrest report said Tallman had been on his way to meet Britton to "conduct a marijuana transaction" at 7 p.m. Jan. 21, the last day he was seen by friends and family members.

Phone records show Tallman called Britton several times on the way to the meeting, and the last known location of Tallman's cellphone was near Britton's house in Larimer County, just before 8 p.m. that day, according to investigators.

According to the report, Lafayette police interviewed Britton several times, but he insisted Tallman never showed up to the meeting. Britton told police he left to travel to Minot, N.D., after Tallman failed to arrive, according to the report.

But investigators found blood in the back of Britton's van that was a match for Tallman's DNA profile, even though Britton had told Lafayette police that Tallman never had been in his van, according to the arrest report.

Tallman's body was found March 13 alongside U.S. Highway 85 north of Lusk, Wyo. Investigators said that was along the route to North Dakota that Britton provided to police, according to the report.

Tallman's ID and wallet were found on the scene, according to the report, and an autopsy confirmed Tallman died of a gunshot wound.

Prosecutors and police have not revealed exactly how Mendez and Ortiz are connected to Britton and Tallman or what role the two are alleged to have played in Tallman's death.

Boulder District Attorney Stan Garnett said this week that there are no other suspects in the case, but that the investigation is still ongoing.

All three men are due for a preliminary hearing on May 27. Britton and Mendez are being held in custody in the Boulder County Jail.

Ortiz's attorney Matt Connell requested Ortiz also be held at the Boulder County Jail but Boulder District Judge Thomas Mulvahill denied the request and said Ortiz will remain in custody at the Denver Reception and Diagnostic Center, where he is being held for parole violation on a separate case. He will be transported to Boulder for his preliminary hearing.

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